Raju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 Bail Appl..No. 4509 of 2015 ------------------------------------------ CRIME NO. 835/2015 OF PATHANAPURAM POLICE STATION , KOLLAM DISTRICT -------------------- PETITIONER(S)/ACCUSED NO.1 :

------------------------------------------------- RAJU, AGED 40 YEARS, S/O.MANIYAN, KADATHIL CHIRAYIL VEEDU, KARAVOOR MURI, PURAVANTHOOR VILLAGE, THURAVOOR P.O., PURAVATHOOR, KOLLAM.

BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S)/COMPLAINANT :

----------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4509 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.835 of 2015 of Pathanapuram Police Station, Kollam District. He is alleged to have committed the offences under Sections 294(b), 506(ii), 324, 341, 326 and 308 read with Section 34 of the Indian Penal Code.

3.

The prosecution case is that he along with the co-accused assaulted the victim with dangerous weapons like iron rod causing him serious injuries like fracture of the nasal bone.

4.

Heard.

5.

The petitioner has been in custody since 13.07.2015. Having regard to the nature of the allegations I am satisfied that his further detention is not necessary. In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand

B.A. No.4509 of 2015 only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2.

He shall appear before the investigating officer between 11 a.m and 12 noon every Thursday for four months, or till the final report is filed, whichever is earlier. 3.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 4.

He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 5.

He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge